30/11/2024 Bertus Preller Anti-Dissipation Interdicts, anti-dissipatory relief, Division of Estate, Divorce, In Community of Property, Interdict, Procedural Law, Procedure Attorney Conduct, auction process, civil procedure, conveyancing, court order, divorce agreement, divorce proceedings, divorce settlement, execution debtor, execution sale, High Court Judgment, judicial fairness, judicial interpretation, judicial oversight, Legal Ethics, legal fairness, legal precedent, market value, matrimonial assets, matrimonial property, procedural fairness, property auction, property dispute, property law, property rights, property rights protection, Property Transfer, Property Valuation, sale in execution, Sheriff's sale, South African Law From R1.5 Million to R1000: How a Divorce Property Sale Went Terribly Wrong – M.R.M v M.F.M and Others (M614/2023) [2024] ZANWHC 289 (26 November 2024). In what could be dubbed "The Case of the Thousand Rand Mansion," the North West High Court recently had to grapple with a property sale that would make any estate… READ MORE
19/11/2024 Bertus Preller Adversarial Legal System, Appeal, Best Interests of the Child, Children, Coercive Control, Conduct of Childcare Experts, Costs, Divorce, Family Law Court System South Africa, In Community of Property, Marital Regimes, Pacta sunt servanda, Parental Alienation, Parental Rights, Punitive Cost Orders, Relocation, Settlement agreements, Shared Residency best interests of child, breastfeeding rights, Child Custody, children's rights, children's act, Constitutional Rights, costs order, custody agreement, custody battle, divorce proceedings, divorce settlement, Family Advocate, family advocate recommendations, Family Court, Family Law, financial coercion, joint estate, Judicial Discretion, legal precedent, matrimonial property, Medupi Power Station, Parental Rights, parenting plan, Primary Caregiver, primary residence, settlement agreement, South African courts, Supreme Court of Appeal, unilateral relocation, upper guardian When Power Moves Meet Parental Rights: High Court Pulls the Plug on Dad’s Custody Settlement in ZDE v CE (1011/2022) [2024] ZASCA 159. (18 November 2024). Background to the Matter Picture this: the corridors of the Supreme Court of Appeal in Bloemfontein, where legal dramas unfold with the regularity of load-shedding schedules. But this time, the… READ MORE
17/09/2024 Bertus Preller Division of Estate, Divorce, Financial Disclosure, In Community of Property, Marriage, Settlement agreements Asset Division, community of property, Divorce Act, divorce proceedings, elderly couples, fairness in divorce, full disclosure, High Court Judgment, judicial responsibility, judicial scrutiny, late-life divorce, legal precedent, long-term marriage, marital estate, settlement agreement, South African Law, uncontested divorce, voluntary agreement Judicial Vigilance in Late-Life Divorce: Unpacking E.T v S.T (2024/066890) [2024] ZAGPJHC 873 (16 September 2024). The Importance of Full Disclosure in Divorce Settlements The recent judgment in E.T v S.T (2024/066890) ZAGPJHC 873 (16 September 2024) highlights a crucial aspect of divorce proceedings in South… READ MORE
13/09/2024 Bertus Preller Asset Disclosure, Division of Estate, Divorce, Hiding Assets, In Community of Property, Recission of Divorce Orders, Settlement agreements Asset Concealment, civil procedure, community of property, contract law, Court Jurisdiction, court order, damages claim, divorce proceedings, divorce settlement, exception, Family Law, financial disclosure, fraud allegations, fraudulent misrepresentation, Judicial Discretion, Legal Ethics, legal precedent, legal remedy, Legal Strategy, Marital Assets, matrimonial property, non-disclosure, professional liability, Public Policy, res judicata, separate action, settlement agreement, South African Law, Western Cape High Court Deception Exposed: L A C v J C [2024] ZAWCHC 143 – (9 September 2024) – Unmasks Fraud in Divorce Settlement Shocker. The Crux of the Case The crux of the case in L A C v J C and Others ZAWCHC 143 was whether the plaintiff could pursue a separate action… READ MORE
06/08/2024 Bertus Preller Abuse, Adultery, Division of Estate, Divorce, Forfeiture of Benefits, In Community of Property, Infidelity, Maintenance, Rule 43 Asset Division, child maintenance, community of property, court judgment, credibility assessment, Divorce Act, equitable distribution, Forfeiture of benefits, marital contributions, medical aid post-divorce, misconduct, non-financial contributions, pension interest, South African divorce Equitable Division Triumphs: Insights from M.L.M v T.M.M (10864/15) [2024] ZAGPPHC 743 (2 August 2024). Background of the M.L.M v T.M.M Divorce Case The case of M.L.M v T.M.M (10864/15) ZAGPPHC 743 (2 August 2024) involved a divorce proceeding in the High Court of South… READ MORE
21/06/2024 Bertus Preller Alimony, Divorce, In Community of Property, Maintenance, Spousal Maintenance Asset Division, clean break principle, costs award, court discretion, Divorce Act, divorce settlement, earning capacity, financial planning, financial security, financial vulnerability, Gender Equality, health considerations, holistic approach, Judicial Discretion, legal precedent, life-long maintenance, long-term marriage, Marital Assets, medical aid, pension benefits, permanent maintenance, post-divorce living standards, procedural flexibility, quality of life, rehabilitative maintenance, retirement funds, South African divorce law, spousal support, witness credibility Life-Long Spousal Maintenance Upheld: M.T v E.T (8197/2018) [2024] ZAGPJHC 578 (20 June 2024). Background: A 28-Year Marriage Comes to an End The case of M.T v E.T (8197/2018) ZAGPJHC 578 (20 June 2024) presents a moving tale of a long-term marriage's dissolution and… READ MORE
19/06/2024 Bertus Preller Accrual Calculation, Adversarial Legal System, Alimony, Alternative Dispute Resolution, Division of Estate, Divorce, Grey Divorce, In Community of Property, Maintenance, Pension Funds, Reasons for Dicorce, Spousal Maintenance Alternative Dispute Resolution, Antenuptial Contracts, arbitration, Asset Division, Collaborative Divorce, Divorce Act 70 of 1979, Divorce Attorney, divorce settlements, Emotional Challenges, emotional well-being, estate planning, Family Law, Financial Advisors, financial considerations, Grey Divorce, legal guidance, Marital Property Regimes, Mediation, Pension Funds, Retirement Planning, Self-care, South Africa, spousal maintenance, Tax Professionals Navigating the Complexities of Grey Divorce in South Africa: A Comprehensive Guide. Introduction Navigating the complexities of divorce is never an easy task, but for those over the age of 50, the challenges can be particularly daunting. In South Africa, the phenomenon… READ MORE
11/06/2024 Bertus Preller Anti-Dissipation Interdicts, anti-dissipatory relief, Cryptocurrencies, Cryptocurrency, Division of Estate, Divorce, Hiding Assets, In Community of Property, Subpoenas accrual system, antenuptial agreements, Asset Concealment, asset distribution, asset tracing, Bitcoin, Bitcoin mining, blockchain analysis, blockchain forensics, community of property, cryptocurrency, cryptocurrency valuation, digital currency, digital forensics, digital wallets, Divorce, divorce settlement, financial infidelity, forensic investigation, forensic techniques, hidden assets, interim orders, Legal Framework, legal remedies, matrimonial property, Matrimonial Property Act, OSINT, out of community of property, pseudonymous transactions, South Africa Cryptocurrency and Divorce in South Africa: Unveiling Hidden Digital Assets. Introduction As cryptocurrencies gain widespread adoption and become increasingly mainstream, their use has extended beyond just investment and trading. Cryptocurrencies, particularly Bitcoin, have found their way into various aspects of… READ MORE
06/06/2024 Bertus Preller Divorce, Forfeiture of Benefits, In Community of Property 2024 ZAECMHC 37, Botha v Botha, Case Law, community of property, court judgment, division of property, Divorce Act, divorce judgment, Divorce Law, Eastern Cape Division, Engelbrecht v Engelbrecht, Family Law, Forfeiture of benefits, High Court, joint estate, Legal Analysis, legal appeal, legal precedent, marital benefits, marital home, matrimonial dispute, matrimonial property, pension interest, regional court, Section 9, South Africa, undue benefit, V G v T M, Wijker v Wijker, Z v Z Forfeiture of Benefits in Divorce: Analysis of V G v T M [2024] ZAECMHC 37. Introduction and Background of the Case The case of V G v T M ZAECMHC 37 revolves around an appeal by the appellant, V G, against the judgment rendered by… READ MORE
23/04/2024 Bertus Preller Appeal, Divorce, In Community of Property, Procedural Law appeal upheld, appealability, compelling discovery, divorce proceedings, doctrine of finality, H.J v P.J, High Court, interests of justice, interlocutory orders, precedent, Rall v Rall, regional court, section 168(3) Constitution, striking off the roll, Superior Courts Act, ZASCA H.J v P.J (285/2023) [2024] ZASCA 55 (19 April 2024): Supreme Court of Appeal Rules on Appealability of Interlocutory Orders in Divorce Proceedings. Divorce Proceedings and Request for Further Particulars in H.J v P.J The case of H.J v P.J (285/2023) ZASCA 55 (19 April 2024) revolves around a divorce dispute between the… READ MORE